Almonte v. New York Police Department et al
| Marco Almonte |
| Kenneth Hines, Laura Cadavid and City of New York |
| 1:2015cv06843 |
| August 28, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Paul A. Engelmayer |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
181
OPINION & ORDER re: 162 MOTION for Attorney Fees and Sanctions filed by Kenneth Hines, Laura Cadavid. For the reasons set forth above, Defendants' motion for attorneys' fees and sanctions is DENIED. The Clerk of Court is directed to terminate the motion docketed at ECF No. 162 and remove this case from the activedocket. (As further set forth in this Order.) (Signed by Judge John F. Keenan on 3/11/2020) (cf)
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Filing
151
ORDER: On June 23, 2019, the Court received multiple submissions by the parties. The Court rules on two of those submissions (ECF Nos. 144 & 146) as follows: (1) Plaintiff's motion for reconsideration of the Court's June 19, 201 9 order (ECF No. 144) is denied. Evidence of weapons collected at the scene of Mr. Almonte's arrest is permitted. If Plaintiff denies possessing a firearm on December 5, 2013 (contrary to Plaintiff's previous assertion that he "ha s no intention of testifying that he did not possess a firearm" (ECF No. 120 at 23)), then Defendants are permitted to introduce evidence that Plaintiff was convicted for possession of a firearm, without any reference to Plaintiff being a &qu ot;felon" in possession of a firearm. Additionally, evidence of the Defendants' disciplinary histories is precluded. (2) Defendants' request that the Court dismiss Plaintiff's claim against defendant Officer Laura Cadavid for failure to intervene in the use of excessive force (ECF No. 146 at 2-3) is denied. (Signed by Judge John F. Keenan on 6/24/2019) (mro)
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Filing
142
ORDER terminating 132 Motion for Reconsideration. For the reasons above, the Court hereby the Court MODIFIES the June 3 Order so as to (1) allow Defendants to admit evidence pertaining to Plaintiff's loaded firearm and (2) preclude Plainti ff from mentioning the City of New York at trial, except in the limited circumstances stated above. The Clerk of Court is respectfully directed to terminate the motion docketed at ECF No. 132. SO ORDERED. (Signed by Judge John F. Keenan on 6/19/2019) (anc)
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Filing
83
OPINION & ORDER: For the foregoing reasons, defendants' motion for partial summary judgment is granted. The Court therefore dismisses Almonte's § 1983 claims alleging an unlawful stop and a false arrest. The Clerk of Court is respect fully directed to remove the City of New York from the caption of this case and to terminate the motion pending at docket number 72. Defendants are directed, by August 24, 2018, to serve this Opinion & Order on Alternate by certified mail. One claim now remain in this case. Almonte's claim against Hines and Cadavid under § 1983 alleging excessive force. That claim will now proceed to trial. Defendants are directed to confer with Almonte by August 31, 2018, and to submit,by September 5, 2018, a letter to the Court, setting forth the parties' respective views as to the duration of a trial. The Court will then set a trial date, as well as a due date for the parties' joint pretrial order. SO ORDERED., City of New York terminated. (Signed by Judge Paul A. Engelmayer on 8/21/2018) (rj)
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Filing
44
OPINION AND ORDER: I write to resolve the discovery disputes raised in plaintiff's letter December 28, 2016 (Docket Item ("D.I.") 38) and addressed in defendants' letter dated January 9, 2017 (D.I. 39). Within 14 days of the date of this Order, defendants are to produce all documents concerning Hines' disciplinary that (1) predate his being placed on performance monitoring and (2) relate to Hines' actual or alleged use of excessive force or falsification of official documents. (As further set forth in this Order.) With respect to Interrogatory 6, defendants are ordered to produce the complaint in Wright and Abdul Bashir v. City of New York, 97 Civ. 2093 (S.D.N.Y.) within 14 days of the date of this Order. Altho ugh this document was not filed electronically on the Court's ECF system, there is no indication in the docket sheet that it was ever sealed or otherwise afforded confidential treatment. (Signed by Magistrate Judge Henry B. Pitman on 1/31/2017) Copies Mailed By Chambers. (cf)
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Filing
35
OPINION AND ORDER: I write to resolve the parties' disputes concerning certain discovery requests served by plaintiff. The discovery requests in issue appear to be primarily aimed at obtaining similar act evidence concerning the individual defe ndants. (As further set forth in this Order.) To the extent the foregoing overrules defendants' objections, defendants are to produce responsive documents no later than December 9, 2016. (Signed by Magistrate Judge Henry B. Pitman on 11/18/2016) Copies Mailed By Chambers. (cf)
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